# C_2007297EN.01002201.xml

| 8.12.2007 | EN | Official Journal of the European Union | C 297/22 |
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8.12.2007

EN

Official Journal of the European Union

C 297/22

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Reference for a preliminary ruling from High Court of Justice (England and Wales), Queen's Bench Division, Administrative Court made on 14 September 2007 — The Queen on the application of Mark Horvath v Secretary of State for Environment, Food and Rural Affairs

(Case C-428/07)

(2007/C 297/36)

Language of the case: English

Referring court

High Court of Justice (England and Wales), Queen's Bench Division, Administrative Court

Parties to the main proceedings

Applicant: Mark Horvath

Applicant:

Defendant: Secretary of State for Environment, Food and Rural Affairs

Defendant:

Questions referred

| 1. | Where a Member State has provided for a system of devolved government, in relation to which powers are retained to the central state authorities to act for the whole of the territory of the Member State to ensure compliance with that Member State's obligations under Community law, in relation to Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71, and (EC) No 2529/2001 (1) (‘the Council Regulation’):






  a) | Can a Member State include requirements relating to the maintenance of visible public rights of way in its standards of good agricultural and environmental condition under Article 5 and Annex IV to Council Regulation 1782/2003? |
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1.

Where a Member State has provided for a system of devolved government, in relation to which powers are retained to the central state authorities to act for the whole of the territory of the Member State to ensure compliance with that Member State's obligations under Community law, in relation to Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71, and (EC) No 2529/2001 (1) (‘the Council Regulation’):

1

a)

Can a Member State include requirements relating to the maintenance of visible public rights of way in its standards of good agricultural and environmental condition under Article 5 and Annex IV to Council Regulation 1782/2003?

| b) | Where a Member State's internal constitutional arrangements provide that different devolved administrations shall have legislative competence in relation to different constituent parts of that Member State, can it give rise to impermissible discrimination for constituent parts to have different standards of good agricultural and environmental condition under Article 5 of and Annex IV to the Council Regulation? |
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b)

Where a Member State's internal constitutional arrangements provide that different devolved administrations shall have legislative competence in relation to different constituent parts of that Member State, can it give rise to impermissible discrimination for constituent parts to have different standards of good agricultural and environmental condition under Article 5 of and Annex IV to the Council Regulation?

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(1)  OJ L 270, p. 1.

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